WAC 25-48-043   Procedure for selecting a mutually agreed upon independent professional archaeologist investigator and for determining site restoration costs.  (1) Pursuant to RCW 27.53.095, a person found to have violated chapter 27.53 RCW or a permit issued under RCW 27.53.060 shall pay the reasonable investigative costs incurred by an independent professional archaeologist investigating the alleged violation who has been mutually agreed to by the state archaeologist or the assistant state archaeologist and the respondent. The state archaeologist or the assistant state archaeologist and the respondent may agree to investigation by a qualified employee of the department.

     (2) If the state archaeologist or the assistant state archaeologist determines an agreement cannot be reached with the respondent under subsection (1) of this section, the independent professional archaeologist investigator shall be selected as follows:

     (a) The state archaeologist or the assistant state archaeologist shall notify the respondent that an agreement cannot be reached and instruct the respondent to provide to the department, within five working days, the name, address, and telephone number of a professional archaeologist together with a summary of the professional archaeologist's professional qualifications. The respondent is responsible for all fees and costs billed by the professional archaeologist the respondent selects.

     (b) The state archaeologist or the assistant state archaeologist shall select a professional archaeologist who is not employed or contractually bound to the office. The department is responsible for all fees and costs billed by the professional archaeologist the state archaeologist or the assistant state archaeologist selects.

     (c) The professional archaeologists selected by the respondent and by the state archaeologist or the assistant state archaeologist shall jointly select a third professional archaeologist to investigate the alleged violation. Their selection must be communicated to the state archaeologist or the assistant state archaeologist and the respondent within ten working days. The state archaeologist or the assistant state archaeologist shall provide the professional archaeologist investigator with written authorization to conduct the investigation.

     (d) The respondent is responsible for all fees and costs billed by the professional archaeologist investigator.

     (3) The professional archaeologist investigator agreed to under subsection (1) or (2) of this section shall assess damage and disturbance to the archaeological resource or site caused by the conduct alleged in the notice of violation and prepare a written report containing the following information:

     (a) A map and description of the site, indicating the location and extent of damage or disturbance;

     (b) An estimate of the volume of soil disturbed;

     (c) An inventory of artifacts and archaeological context and data damaged or disturbed;

     (d) An estimate of the archaeological value of artifacts and samples damaged or disturbed;

     (e) A summary of the site restoration actions required because of damage or disturbance;

     (f) An estimate of site restoration costs, supported by a narrative or numerical explanation; and

     (g) Any other information the state historical preservation officer reasonably may require.

     (4) The written report required under subsection (3) of this section must be provided to the department, the respondent, the affected tribes, local government, and the property owner, within sixty calendar days of the date the professional archaeologist investigator is authorized by the state archaeologist or the assistant state archaeologist to conduct the investigation.

     (5) In determining the site restoration actions required because of damage or disturbance, the professional archaeologist investigator shall include the following, as necessary and appropriate:

     (a) Landscaping to return the site to its original geography and configuration;

     (b) Recovering, analyzing, and reporting on all archaeological materials damaged or disturbed by the alleged conduct;

     (c) Data recovery excavations, if appropriate, or other type of mitigation activity;

     (d) Preparing the archaeological materials for curation and the cost of curation or, if appropriate, reburial.



[Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, § 25-48-043, filed 2/15/06, effective 3/18/06.]